Petition for Interpretation: Article 46

[Alfonso Velez]

Your Honours,

The Government respectfully makes a Petition for Interpretation Concerning Article 46 of the Constitution which states:

 

 

• Article 46. The legislative initiative is exercised by the Prime Minister and by Members of Parliament. Government Bills are considered in the Cabinet first, and then upon approval of the Cabinet, laid before Parliament for its consideration.
  

 

Assuming the pending Rules of Order are adopted by Parliament, a mechanism will be in place for the leaders of political parties to place bills before Parliament for consideration outside of a normal legislative docket by Unanimous Consent rather than through the regular process.

Would bills approved in this way outside of a docket by Unanimous Consent be exempt from Cabinet approval before they may be placed before Parliament since they are not formally considered "Government Business" or does any business placed before Parliament by the Governing party (or parties) require Cabinet approval under this article, even if it's placed for consideration under Unanimous Consent or a Private Members Bill?

IF the Court finds that such a bill would need Cabinet approval, would this requirement extend to members of the Governing party who do not hold a position within Government on the Cabinet (ie backbenchers) or just for party members who are members of Cabinet and/or party leaders?

Respectfully Submitted,

[Alduria]

PETITION FOR INTERPRETATION 001

The Court has accepted the petition for interpretation, number 001 is assigned.

The opinion of the Court shall be presented in due course.

[Alduria]

PETITION FOR INTEPRETATION 001

We thank the Petitioner for his petition.

Assuming the pending Rules of Order are adopted by Parliament, a mechanism will be in place for the leaders of political parties to place bills before Parliament for consideration outside of a normal legislative docket by Unanimous Consent rather than through the regular process.

Would bills approved in this way outside of a docket by Unanimous Consent be exempt from Cabinet approval before they may be placed before Parliament since they are not formally considered "Government Business" or does any business placed before Parliament by the Governing party (or parties) require Cabinet approval under this article, even if it's placed for consideration under Unanimous Consent or a Private Members Bill?

IF the Court finds that such a bill would need Cabinet approval, would this requirement extend to members of the Governing party who do not hold a position within Government on the Cabinet (ie backbenchers) or just for party members who are members of Cabinet and/or party leaders?

The Court finds that, after evaluating the debates and contexts from the Constituent Assembly of 1669 AN, that this clause of the Constitution is meant specifically to deal with the Government's legislative initiative.

Backbenchers from the governing parties as well as members of Parliament may submit bills to Parliament, however, precedence in debating bills and resolutions must be given to all Government Bills. The Rules of Order have established mechanisms for opposition bills to be considered and these do not contravene the Constitution nor the spirit of its framers.